1998 (5) TMI 123

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....ctory gate. They are admittedly a SSI Unit. Consequently, by the general order of the C.B.E. & C., they are entitled to get their goods assessed on the basis of value shown in their customers invoices under the provisions of sub-rule (11) or Rule 173C. In other words, they are not required to file price-lists under the said Rule 173C and get the same approved before removal of their excisable goods. Invoice value is however, acceptable so long as it conforms to the provisions of Section 4 of the Central Excise Act, 1944. It is contended by the appellants that they also specifically requested the Assistant Collector to permit them the facility under Rule 173C(11) for assessment on invoice value. 1.1.2 He places reliance on the follow....

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....before the lower appellate authority, the appellants herein did not succeed. Hence these appeals before us. 2.1 Ld. Consultant has submitted that the factory gate sales are stray sales, otherwise most of the sales are at depot. He has also submitted that the appellants unit being a SSI Unit enjoys the facility of invoice value assessment under sub-rule (11) of Rule 173C of the Central Excise Rules, 1944. Invoice value cannot be challenged by the Revenue on the ground unless it is alleged that the value as declared in each invoice is not a whole sale price at the time and place of removal of goods and the price is not the sole consideration of sale. No such allegation has been made by the Revenue in the show-cause notice, leave apart....